Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36883 

requirements beyond those required by 

State law. Accordingly, I certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

4. Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

5. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) does not apply to this 

rule because it will not have federalism 

implications (i.e., substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government). 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) does not apply to 

this rule because it will not have tribal 

implications (i.e., substantial direct 

effects on one or more Indian tribes, or 

on the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.) 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant as defined in Executive 

Order 12866 and because the EPA does 

not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action as defined in 

Executive Order 12866. 

9. National Technology Transfer 

Advancement Act 

EPA approves State programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a State program, to require the use of 

any particular voluntary consensus 

standard in place of another standard 

that meets requirements of RCRA. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply to this rule. 

10. Executive Order 12988 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

11. Executive Order 12630: Evaluation 

of Risk and Avoidance of Unanticipated 

Takings 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 18, 

1988) by examining the takings 

implications of the rule in accordance 

with the Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. 

12. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Because this rule proposes 

authorization of pre-existing State rules 

and imposes no additional requirements 

beyond those imposed by State law and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

13. Congressional Review Act 

EPA will submit a report containing 

this rule and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: June 6, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–15751 Filed 6–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225, 242, and 252 

RIN 0750–AH26 

Defense Federal Acquisition 

Regulation Supplement; Synchronized 

Predeployment and Operational 

Tracker (SPOT) (DFARS Case 2011– 

D030) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to modify terminology and 

address internal contract administration 

requirements associated with the 

Synchronized Predeployment and 

Operational Tracker (SPOT) system. 

DATES: Effective date: June 23, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Telephone 703–602– 

1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This DFARS case updates 

nomenclature associated with the letter 

of authorization required for contractor 

personnel to process through a 

deployment center or travel to, from, or 

within a designated operational area 

(see DFARS 225.7402–3). This final rule 

will revise the generic letter of 

authorization to use the formal title of 

‘‘Synchronized Predeployment and 

Operational Tracker (SPOT)-generated 

letter of authorization.’’ The change in 

title is being made at DFARS 225.7402– 

3(e) and in the clause at 252.225–7040, 

Contractor Personnel Authorized to 

Accompany U.S. Armed Forces 

Deployed Outside the United States. 


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36884 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 

In addition, the contract 

administration functions at DFARS 

242.302 have been amended to add a 

requirement for DoD contract 

administrators, when the contract 

incorporates the clause at 252.225–7040, 

to ensure implementation of, and 

maintain surveillance over, contractor 

compliance with the SPOT business 

rules. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because an initial 

regulatory flexibility analysis is only 

required for proposed or interim rules 

that require publication for public 

comment (5 U.S.C. 603) and a final 

regulatory flexibility analysis is only 

required for final rules that were 

previously published for public 

comment, and for which an initial 

regulatory flexibility analysis was 

prepared (5 U.S.C. 604). 

This final rule does not constitute a 

significant DFARS revision as defined at 

FAR 1.501–1 because this rule will not 

have a significant cost or administrative 

impact on contractors or offerors, or a 

significant effect beyond the internal 

operating procedures of the 

Government. Therefore, publication for 

public comment under 41 U.S.C. 1707 is 

not required. 

IV. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 225, 

242, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225, 242, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225, 242, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. In section 225.7402–3, revise 

paragraph (e) to read as follows: 

225.7402–3 Government support. 

* * * * * 

(e) Contractor personnel must have a 

Synchronized Predeployment and 

Operational Tracker (SPOT)-generated 

letter of authorization (LOA) signed by 

the contracting officer in order to 

process through a deployment center or 

to travel to, from, or within the 

designated operational area. The LOA 

also will identify any additional 

authorizations, privileges, or 

Government support that the contractor 

personnel are entitled to under the 

contract. For a sample LOA, see the Web 

site provided at PGI 225.7402–5(a)(iv). 

■ 3. In section 225.7402–5, revise 

paragraph (b) to read as follows: 

225.7402–5 Contract clauses. 

* * * * * 

(b) For additional guidance on clauses 

to consider when using the clause at 

252.225–7040, see PGI 225.7402–5(b). 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 4. In section 242.302, add paragraph 

(a)(S–72) to read as follows: 

242.302 Contract administration functions. 

(a) * * * 

(S–72) Ensure implementation of the 

Synchronized Predeployment and 

Operational Tracker (SPOT) by the 

contractor and maintain surveillance 

over contractor compliance with SPOT 

business rules available at the Web site 

provided at PGI 225.7402–5(a)(iv) for 

contracts incorporating the clause at 

252.225–7040, Contractor Personnel 

Authorized to Accompany U.S. Armed 

Forces Deployed Outside the United 

States. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. In section 252.225–7040, remove 

the clause date ‘‘(JUL 2009)’’ and add in 

its place ‘‘(JUN 2011)’’, and revise 

paragraph (c)(4) to read as follows: 

252.225–7040 Contractor Personnel 

Authorized To Accompany U.S. Armed 

Forces Deployed Outside the United States. 

* * * * * 

(c) * * * 

(4) Contractor personnel must have a 

Synchronized Predeployment and 

Operational Tracker (SPOT)-generated 

letter of authorization signed by the 

Contracting Officer in order to process 

through a deployment center or to travel 

to, from, or within the designated 

operational area. The letter of 

authorization also will identify any 

additional authorizations, privileges, or 

Government support that Contractor 

personnel are entitled to under this 

contract. 

* * * * * 

[FR Doc. 2011–15373 Filed 6–22–11; 8:45 am] 

BILLING CODE 5001–08–P 


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